LAWS(PAT)-1995-5-1

BAL GOVIND MISTRY Vs. MAHABEER PRASAD TIBEREWAL

Decided On May 19, 1995
BAL GOVIND MISTRY Appellant
V/S
MAHABEER PRASAD TIBEREWAL Respondents

JUDGEMENT

(1.) Heard Mr. Manjul Prasad for the appellant and Mr. Eqbal for respondent No. 2. Respondent No. 1 has not appeared in spite of valid service of notice.

(2.) With the consent of the parties, this miscellaneous appeal is being disposed of at this stage itself on a very simple point.

(3.) It appears that the appellant-claimant filed a claim petition being compensation Case Nos. 32 of 1989 and 28 of 1989 before the Addl. Judicial Commissioner, Lohardaga, on 2.3.1989. Admittedly, the accident took place on 6.4.1987. There was some delay in filing of the said claim case and, as such, a petition under Section 5 of the Limitation Act accompanied the memo of claim petition. By order dated 22.6.1989 the learned court below, after hearing the Counsel of the appellant and condoning the delay, admitted the case. Notices were issued to the opposite parties.